There are two sides to consider when you think about the subject of last will challenges. The first thought that may come to mind is that some disgruntled party is unwilling to accept the final wishes of a deceased individual.
To prevent successful challenges when you know that there could be those who are not happy with your decisions you should explain your concerns to your estate planning attorney. He or she will gain an understanding of the situation and take this into consideration when the estate planning documents are being constructed.
There is however another side to the coin. There are challenges to some last wills that are indeed grounded in facts rather than scurrilous accusations.
You can challenge a last will on essentially four different grounds. One of these would be fraud. A fraudulent last will would be constructed by somehow deceiving the individual in question.
A challenge based on undue coercion is possible as well. Someone could in some way exert influence that is over the line forcing someone to make certain choices.
The third possibility would be a challenge based on the contention that the last will document has been improperly executed. This is something that you should keep in mind if you are considering using a do-it-yourself estate planning download or a worksheet.
The final reason for a challenge that we would like to touch upon is that of incapacity. The person executing a last will must be of totally sound mind for the document to be legally binding.
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